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Obama fearing a revolution against him by the states, has moved swiftly by nationalizing nearly all National Guard Forces in multiple states; Georgia, Alabama, Kansas, Minnesota, Tennessee, Virginia, Louisiana, South Carolina – to name a few. The Governors of the Great States of Alabama, Georgia, Louisiana, South Carolina, Tennessee, Texas, and Virginia still have under their Command-and-Control the State Defense Forces to go against U.S. Federal forces should the need arise. Also important to note: There are NO U.S. laws prohibiting National Guard troops from also joining their State’s De
Originally posted by Flatfish
reply to post by shadwgirl
What a bunch of crazy B.S.. Judging by the states listed in the article, I suspect they will be using this flag to represent their army;
Originally posted by Xcathdra
reply to post by SrWingCommander
Since you have more information and familiarity in this area a question about some of the info you have supplied. What criteria is required to allow for federalization of state guard units? This was a topic of discussion during Katrina, and the President opted NOT to fedralize Louisianna guard units (at the time the Governor would not allow them to voluntarily be placed under fedral command).
So while I understand they are sibjet to title 10, there is criteria that must be met in order to use them - yes or no?
If so what is that criteria?
If the intent of mobolization is to use them because elections are being suspended / congress dissolved, would those orders not be illegal sionce the actions requiring their mobilization are also illegal?
As for the adjutant general refusing an order, if the order is unconcstitutional and illegal to begin with, do you still feel they should be releive and replaced with another person?
While I understand this is a broad concept, specifically I am looking at illegal orders being issued, with the magbnitude of those orders being so illegal, as to constitute treason in my opinion on the part of those people at the top issuing those orders. If the order is given to mobilize military units in order to put down the population who just got screwed, illegally, out of an election, would you still feel the same in terms of replacing adjutant generals?
If yes, why (if you dont mind me asking?)
Specifically I am referring to the Montgonmery Amendment, which removed the ability of Governors to refuse to allow guard units be used in military capacity outside the borders of the US. It did not modify the ability of the Governor to refuse those same orders when it comes to their use within the borders of the United States.
While the following 2 acts have removed the governors ability to be the sole commander in chief of their states guards units, placing them under direct command of the PResident during times of national emergency, the states have rejected the fedral law (all 50 of them) - with the law sunsetting on Sept, 2012.edit on 17-10-2012 by Xcathdra because: (no reason given)
The U.S. Constitution, coupled with several statutes and cases, details the relationship of state defense forces to the federal government. Outside of 32 USC 109, the U.S. Supreme Court noted: "It is true that the state defense forces 'may not be called, ordered, or drafted into the armed forces.' 32 U.S.C. 109(c). It is nonetheless possible that they are subject to call under 10 U.S.C. 331-333, which distinguish the 'militia' from the 'armed forces,' and which appear to subject all portions of the 'militia' - organized or not - to call if needed for the purposes specified in the Militia Clauses" (Perpich v. Department of Defense, 496 U.S. 334 (1990)). The Court, however, explicitly noted that it was not deciding this issue. The following is an extract of the laws which the Court cited as possibly giving the federal government authority to activate the state defense forces:
Originally posted by SrWingCommander
Good questions Xcathrdra, and I don't know if I like where the thoughts lead me too...yikes.